NOTICE OF DETERMINATION OF
DEVELOPMENT APPLICATION
ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979

Pursuant to Section 80(1)(a) of the Environmental Planning and Assessment
Act 1979, Cessnock City Council hereby gives notice that Development
Application 8/2013/679/1 has been determined by the granting of
consent, subject to the conditions listed in Schedule 1.

Date
of determination:

16/04/2014

Date
from which consent operates:

16/04/2014

Date
from which consent lapses:

16/04/2019

Description
of development:

A Temporary Music Event to be Held Between Friday
19 September 2014 to Sunday 21 September 2014 (inclusive)
and Associated Camping for a Maximum of 1,500 Attendees

Property
description:

LOT: 392 DP: 863124
60 Mitchells Road MOUNT VIEW

Applicant:

Paved Way

Owner:

Jenlaw Pty Ltd

If you have any further enquiries regarding this notice of
determination, please contact Miss Kayla Volker, Planning Assessment
Officer, of Council's Planning and Environment on (02) 4993 4206.

The following matters are included as advice relative to this
Application:

(a)
These conditions are imposed to control development, having regard
79c of the environmental planning and assessment act 1979, required to:

prevent, minimise and/or offset adverse environmental
impacts;

set standards and performance measures for acceptable
environmental performance;

require regular monitoring and reporting; and

provide for the ongoing environmental management of the
development.

(b)
This Development Consent will lapse on 16 April 2019. Relevantly, Sections
95(4) and 95(5) of the Environmental Planning and Assessment Act 1979,
state as follows:

"(4)
Development consent for:
(a) the erection of a building, or
(b) the subdivision of land, or
(c) the carrying out of a work,
does not lapse if building, engineering or construction work relating to
the building, subdivision or work is physically commenced on the land to
which the consent applies before the date on which the consent would
otherwise lapse under this section.

(5) Development consent for development other than that
referred to in subsection (4) does not lapse if the use of any land,
building or work the subject of that consent is actually commenced before
the date on which the consent would otherwise lapse"

(c)
The applicant has the right to appeal this determination in accordance
with the
provisions of Section 97 of the Environmental Planning and Assessment Act
1979.

(d)
The applicant has the right to request a review of the determination of
this
development application in accordance with the provisions Section 82A of
the Environmental Planning and Assessment Act 1979, and the Environmental
Planning and Assessment Regulation 2000.

(e)
An objector who is dissatisfied with the determination of this development
application does not have the right to appeal to the NSW Land and
Environment Court.

(f)
The Planning Assessment Commission has not conducted a public hearing in
respect of this Application.

DA 8/2013/679/1

Page 2

ABBREVIATIONS:

AS

Australian Standard

BCA

Building Code of Australia

CA

Certifying Authority

CC

Construction Certificate

DA

Development Application

EP&A Act

Environmental Planning & Assessment Act 1979

EP&A Regulation

Environmental Planning & Assessment Regulation 2000

PCA

Principal Certifying Authority

OC

Occupation Certificate

OSD

On Site Detention

RMS

Roads and Maritime Services

SEPP

State Environmental Planning Policy

WAE

Works as Executed

DA 8/2013/679/1

Page 3

SCHEDULE 1
TERMS OF CONSENT

General

Development must be carried out strictly in
accordance with DA No. 8/2013/679/1 and the following plans and
supplementary documentation, except where amended by the conditions of
this consent.

Plan
Reference

Drawn
By

Dated

Site Plan

Unknown

No date

Document
Title

Prepared
By

Dated

Statement of Environmental Effects - Version 3

Paved Way

15 January 2014

Waste Management Plan

TC Waste Services

No date

Traffic Management Plan Version 4

Vigilant Safe Services

19 January 2014

Emergency Management Plan

Paved Way

No date

Event Manual

Paved Way

No date

Acoustic Assessment

RCA Acoustics

January 2014

Risk Assessment

It's Risky Business

2014

Swept Path Assessment

Cardno

26 February 2014

In the event of any inconsistency between the approved plans and
supplementary documentation, the plans will prevail.

Approval for the
temporary event and associated camping is granted from Friday 19
September 2014 to Sunday 21 September 2014 for a maximum of 1,500
attendees. Setup for the event shall occur from Wednesday 17 September
2014 and dismantling shall occur until Monday 22 September 2014'.

All amplified music
will cease at 11 pm on each day the event operates.

No 'BYO' alcohol shall
be permitted to be brought to the event by patrons. Event managers shall
ensure that measures are in place to eliminate alcohol being brought
into to the event and co-ordinate with NSW Police as required.

The applicant shall
provide access to the site to relevant Council staff for the purposes of
carrying out inspections and ensuring that relevant conditions of
consent are complied with.

The organisers of the
event shall ensure that adequate, current, Public Liability Insurance is
undertaken to cover the staging of the event.

Noise

The operator of the event will comply with Part
5 of the RCA Acoustic Assessment Report, specifically items one (1)
through to three (3).

7a. The
proponent is to supply noise limiting devices or automatic volume
control/electronic sound level noise attenuation system to ensure the
maximum decibel levels are not exceeded at any time during the event where
amplified music or sound is emitted. In the event the maximum decibel
levels are exceeded, the amplified music or sound shall be automatically
shut off.

The operator of the event will co-ordinate /
liaise with non-target impacted noise receptors and make appropriate
arrangements with them to mitigate impacts including the safe welfare of
pets and livestock. This will include communicating with suitably
qualified and trained person to adjust noise levels as appropriate.

Affected surrounding
residents are not to be coerced out of their homes at any time during
the event period for any reason regardless of pre-arranged alternative
accommodation provisions.

The operating noise
level of the premises, including machinery, plant and equipment, traffic
movement, performer and patron activity when measured at the boundary of
the worst affected residential premises shall comply with the amenity
and/or intrusiveness criteria outlined in the NSW EPA's Industrial Noise
Policy which is also applied to commercial premises. For assessing
amenity criteria, the area shall be regarded as "suburban" as defined by
the Industrial Noise Policy.

Building Code of Australia

Pursuant to Section 80A (11) of the EP&A
Act, a temporary structure that is used as an entertainment venue
must comply with Part B1 and NSW Part H102 of Volume One of the BCA.

Waste Generation and Removal

All areas utilised by the public as part of this
approval for a temporary event shall be clear of any waste water
disposal areas approved on the site or adjoining sites.

The disposal of all
wastes, including recycled materials, glass and cardboard and general
refuse is to undertaken without nuisance in accordance with the
provisions of Council's Development Control Plan 2006 Part D Chapter 8.

Site Facilities

The number of toilets in the event area shall be
provided at a minimum ratio of 1:75. The toilet areas shall be closely
supervised in order to effectively maximise the use of the facilities.
The following issues are to be adhered to when managing temporary toilet
facilities:-

supplied and serviced (if required) by a
hiring contractor.

removed immediately after the event.

provided with adequate lighting and
suitably signposted.

secured to avoid tipping.

hand washing facilities with soap and
paper towels to be provided in or immediately near the toilets.

events longer than four (4) hours
duration, toilets to be periodically cleaned and resupplied with
toilet paper.

disabled toilet facilities to be provided
in a suitably accessible location.

All toilets and public facilities are to be maintained throughout the
duration of the event to ensure they are kept in a clean and tidy
condition.

The number of showers in the camping area shall
be provided at a minimum ratio of 1:75. These facilities are to be
provided and maintained in suitable locations in close proximity to the
designated campsite area, mobile home sites and caravan sites. The
shower areas shall be closely supervised in order to effectively
maximise the use of the facilities. The following requirements are to be
adhered to when managing temporary shower facilities:-

supplied and serviced (if required) by a
hiring contractor

removed immediately after the event.

provided with adequate lighting and
suitably signposted.

secured to avoid tipping.

periodically cleaned.

disabled shower facilities to be provided
in a suitably accessible location.

All showers and public facilities are to be maintained throughout
the duration of the event to ensure they are kept in a clean and tidy
condition.

An adequate supply of fresh clean potable water
is to be provided and maintained, in suitable locations in close
proximity to the designated campsite area, mobile home sites, caravan
sites and to areas of food stalls for the duration of the event. Should
the water supply for drinking, bathing and cooking purposes be sourced
from an independent water supply (which includes but is not limited to
dams, rivers, creeks, tanks or bores) the applicant is to put in place a
water treatment and monitoring process consistent with the requirements
of the Australian Drinking Water Guidelines 2004 and published by the
National Health and Medical Research Council and the Natural Resource
Management Ministerial Council. The following processes are available to
achieve this requirement:

Filtration
Chlorine disinfection
UV disinfection
Regular water testing for microbial and chemical content
Appropriate signage at water outlets Or a combination of these
processes

The preparation, storage, handling and sale of
all food and beverages is to be carried out, in accordance with
Council's Temporary Food Premises Guidelines. All sales are to be from
approved stalls, which comply in full, with the requirements as
specified within the referred Guideline.

All food stall operators
are only to sell foods which have been prepared or partly prepared foods
in a commercial grade kitchen or within the food stall designed in
accordance with the Hunter Central Coast Food Surveillance Group
Temporary Food Premises Guidelines.

In the event of the
prevailing weather conditions posing a potential dust nuisance within
the food stall area, suitable dust control contingency measures are to
be available if required for use during the conduct of the event.
Specific attention must be given in this regard to the fresh food stalls
and visitor areas.

The list of the food
suppliers and their menu's for the event is to be supplied to Council's
Regulated Premises Officer a minimum of seven (7) days prior to the
event.

All food stall operators
are required to have a current Cessnock City Council approval to operate
a temporary food business and shall be available for viewing at the time
of the event if requested by a Council Officer. No food stall operator
shall be permitted to sell foods at the event if this approval has not
been granted by Council.

All stall holders
selling food are required to notify their food business details with the
NSW Department of Health. Further information can be obtained from
either visiting the NSW Health Notification website www.foodnotify.nsw.gov.au
or by telephoning the Food Notification Help line on 1300 650 124.

First Aid

First Aid Posts and First Aiders are
to be provided on-site for the duration of the event in accordance with
the following table.

PATRONS

FIRST AIDERS

FIRST AID POSTS

500

2

1

1000

4

1

2000

6

1

5000

8

2

10000

12

2

Posts will preferably be provided with water and power, and easily
identified by the public.

Lighting

The organisers of the event shall ensure that an
adequate level of lighting is provided to enable the safe movement of
people and vehicles in, around and out of the site. This shall
incorporate adequate lighting within the camping area as well as the
pathways connecting the camping area with the event area.

All outdoor lighting must not detrimentally impact upon the amenity of
other premises and adjacent dwellings and road reserve, and must comply
with, where relevant, AS 1158.3:2005
Lighting for roads and public spaces - Pedestrian Area (Category P)
lighting - Performance and design requirements and AS
4282:1997 Control of the obtrusive effects of outdoor lighting.

There is to be no
interference with the amenity of the neighbourhood by reason of the
spillage of light onto neighbouring properties.

Signage

Any temporary signs (other than proposed Variable
Message Signs (VMS)) that are visible from a public place that are
proposed as part of the temporary event shall comply with the
following:-

signs may only be displayed for a period
of not more than two (2) months prior to the event and must be
removed within 48 hours after the event.

a maximum of six (6) temporary signs are
permitted without development consent provided that the signs are
securely attached to an approved advertising structure, fence or
post supports. Temporary signs are not permitted on signposts that
are associated with the guidance or direction of vehicles on a
public road).

the advertisement shall not exceed 1.5
square metres in area.

signs shall be completed in a professional
manner. The design and finish of all signage shall be consistent
with the rural character of the area.

the position of signage must not obstruct
a driver's line of sight.

signs must not be illuminated or flashing.

The installation of all
other signposting for the event (other than signage associated with
Traffic Control Plans or the use of Variable Message Signs) shall be
approved by Council before being placed within public road reserves.

Risk Assessment

The event organiser shall
assess the risks for all participants and visitors to the event and
assess the suitability of the entire route as part of the risk
assessment process. This assessment shall be carried out by visual
inspection of the route/site by the event organiser prior to preparing
the TMP and prior to the event.

The event organiser carrying out an overall risk assessment for the
whole event to identify and assess the potential risks to visitors,
participants and road users during the event and designing and
implementing a risk elimination or reduction plan in accordance with the
Occupational Health and Safety Regulation 2001; and AS/NZS ISO
31000:2009.

Traffic Control

Traffic marshals shall be
provided at all entrances and exits, to assist with the smooth passage
of traffic. The traffic marshals shall be in the parking areas for the
duration of the event. Any traffic control undertaken on a public road
shall be done by RMS accredited traffic controllers.

All traffic, car parking
and transportation measures are to be provided and implemented in
general accordance with the approved Traffic Management Plan. All roads
with marshalling points are to be kept clean and tidy; with all
directional signs to be removed immediately on completion of the
activity.

Temporary “No Stopping”
signage is to be erected on both sides of Mitchells and Mount Roads,
Mount View in the vicinity of the site.

The entry and exit points
from/to a public road shall be clearly signposted as such. Warning signs
in accordance with Australian Standards AS 1742 and AS 1743 and RMS's
“Traffic Control at work sites” document and the approved Traffic
Control Plans shall be located on either side of the entry and exit
points of the site.

All temporary traffic
control signage and devices installed on the public road for the event
shall be installed in compliance with the Traffic Control Plan(s) and
the RMS “Traffic Control At Worksites Manual”.

Emergency access shall be
determined and established in consultation with the NSW Ambulance
Service, NSW Fire Brigade, NSW Police Force and Volunteer Rescue
Association. This access shall be suitably signposted and maintained
clear of parked vehicles throughout the event site at all times during
the event.

All traffic control points are to provide unhindered access to emergency
services vehicles. Traffic Controllers shall be briefed on access for
emergency service vehicles to enable them unrestricted access to and
from the site. The event site will allow 4-metre-wide corridors for
incident response vehicles. These corridors will allow access for
emergency services throughout the event.

The use of portable
Variable Message Signs (VMS's) to display messages to patrons regarding
traffic delays, at suitable locations, shall be permitted for the event,
subject to the location of these devices being identified by the
applicant on a suitable plan and approved in writing by RMS. The
applicant shall make a separate application to the RMS Hunter Region
Traffic Operations Manager (Newcastle) for approval to use Variable
Message Signs prior to commencement of the event.

Vehicles entering the
venue are to free flow into the site (with guidance and direction by
Traffic Controllers) as a first priority, with no ticket sales permitted
at the entrance to the site.

Access to the event (and
facilities associated with the event) shall be made available for the
disabled in accordance with AS14281. Such facilities shall include the
provision of disabled parking spaces in close proximity to the concert
site. This parking is to be clearly signposted.

The applicant shall
supply portable site lighting to all intersections surrounding the event
site that require the presence of traffic controllers or NSW Police
supervision / support. Portable lighting shall also be provided at
identified vehicle / pedestrian conflict points and at other locations
where the presence of this lighting will assist pedestrian movements
through the site.

The entry and exit points
shall be clearly signposted as such. Warning signs indicating “Traffic
Hazard”, in accordance with AS 1742 and 1743, shall
be located a minimum of 160 metres either side of the entry and exit
points.

An area is to be
identified and signposted for bus parking and set down for bus
passengers, which is away from the traffic stream, to ensure it is safe,
and minimises potential for queuing.

An area of parking in the
closest proximity to the venue should be set aside for disabled parking.
Disabled parking spaces should be provided at the rate of two (2) spaces
per 100 vehicles. The spaces should be clearly signposted and have a
minimum width of 3.2 metres.

On-street / roadside
parking on Mitchells and Mount View Roads is not permitted. Adequate
signage / bunting or similar is to be provided during the course of the
event to prevent street / roadside parking.

The site shall have
defined pedestrian-only walkways or access corridors between the parking
areas and the spectator areas.

The safety of all road
users and personnel on or affected by the site/event is the
responsibility of the event organiser.

Bushfire Requirements

The following bushfire protection measures are to
be implemented and maintained for the duration of the event:

Asset Protection Zones

The intent of measures is to provide sufficient space for fire
fighters and other emergency personnel, ensuring radiant heat levels
permit operations under critical conditions of radiant heat, smoke
and embers, while supporting or evacuating occupants. To achieve
this, the following conditions shall apply:

Camp sites are to be located a minimum
of 20 metres clear of vegetation that is mapped as being Bush
Fire Prone.

Water and Utilities

The intent of measures is to minimise the risk of bush fire attack
and provide protection for emergency services personnel, residents
and others assisting firefighting activities. To achieve this, the
following conditions shall apply:

In recognition that no reticulated
water supply exists to the festival site, a 20,000 litre water
supply tank is required for firefighting purposes. A fire
fighting vehicle must be able to gain access to within 4 metres
of the water supply. If an aboveground tank is provided it shall
be fitted with a 65mm storz outlet with a gate or ball valve via
a 50mm diameter metal pipe.

Access

The intent of measures for property access is to provide safe access
to/from the public road system for firefighters providing property
protection during a bushfire, and for occupants faced with
evacuation. To achieve this, the following requirements shall apply:

The intent of measures is to provide suitable emergency and
evacuation (and relocation) arrangements for occupants of special
fire protection purpose developments. To achieve this, the following
conditions shall apply:

A Bush Fire Emergency Evacuation Plan
is to be prepared in accordance with the NSW Rural Fire Service
document Guide of Developing a Bush Fire Emergency Evacuation
Plan, and approved by the RFS prior to the event taking place.

The Annual Music Festival should be
postponed on days of catastrophic fire danger ratings as
declared by the NSW Rural Fire Service.

PRIOR TO COMMENCEMENT OF THE
EVENT

Traffic Control

An amended Traffic Management Plan shall be
provided to and reported to the Council
for approval not less than 28 days prior to the event addressing the
following:

Provision of water carts for the purposes
of dust suppression on Mount View and Mitchells Roads for the
duration of the event.

Provision of traffic controllers /
marshals on Mount View Road while heavy vehicles are entering and
leaving the site and during the bump in and bump out phases of the
event. Particular emphasis shall be given to the constrained areas
on Mount View Road to minimise conflict between heavy vehicles and
existing road users.

Vehicles must be able to enter and exit
the site without queuing onto Mitchells Road or affecting traffic in
Mount View Road.

The proprietor of the
land is to ensure that the Crown land which traverses the property is to
remain free of any obstruction associated with the event which may
obscure or hinder movement across such an area. No parking, camping or
erection of temporary structures is to take place within this area.
Documentary evidence is to be submitted to Council by a registered
surveyor (prior to commencement of the event) that the Crown road
reserve has been marked out appropriately.

The applicant is to
submit separate applications to the Central Hunter Local Area Commander
(or his/her authorised representative) for the provision of User Pays
Police at the temporary event (music festival) held at the venue. The
minimum amount of User Pays Police shall not be less than one User Pays
Police Officer per one thousand patrons. The User Pays Police Commander,
in consultation with the promoter of the event will determine the duties
of the User Pays Police as required on the days of the event.

A “Wet Weather”
contingency plan shall be prepared and submitted to Council for approval
prior to commencement of the event.

Emergency Services

An Emergency Response
Plan is to be prepared by suitably qualified persons and submitted to
emergency services at least two (2) weeks prior to holding the event.
This plan shall include details of the event.

The applicant is required
to make contact with NSW Ambulance approximately one (1) month prior to
the event to discuss specific ambulance requirements for the event. A
NSW Ambulance representative will need to attend pre event stakeholder
meetings for the event. Any decision in regards to user pays Ambulance
at the event will be made at the discretion of NSW Ambulance
representative through consultation with relevant stakeholders.

Alcohol Management

The applicant is to
submit an approved “Alcohol Management Plan” to the Central Hunter Local
Area Commander (or his/her authorised representative) no less than
ninety (90) days prior to the event.

Certification of Temporary
Structures

Structural certification
from an appropriately qualified practicing structural engineer must be
submitted to Council prior to the event to certify the structural
adequacy of the temporary structures in accordance with the following
Australian and New Zealand Standards:

The registered proprietor
of the land shall be responsible for all costs incurred in the necessary
relocation of any services affected by the required works. Council and
other service authorities should be contacted for specific requirements
prior to
commencement of any works.

The erecting of the stage
or ancillary set up and dismantling of for the event shall be
carried out only between the times stated as follows:-

Mondays to Fridays

7.00a.m. to 6.00p.m

Saturdays and Sundays

8.00a.m. to 1.00p.m.

Access and Parking

All driveways, access
corridors and car parking areas are to be designed in accordance with
AS2890.1 & 2 - Parking Facilities for 468 car parking spaces.

The car parking areas are to be fenced off and set out with star pickets
with caps and durable tape. Durable temporary directional signage shall
be in positions to assist participants and spectators to enter, exit and
park in an orderly manner.

The site shall have defined pedestrian only walkways or access corridors
between the parking areas and the spectator areas. In this regard a
temporary pedestrian road crossing is to be provided from the spectator
car park to the pedestrian pathway. The pedestrian road crossing is to
be clear of the vehicle entry/exit point to the spectator car park.

An area is to be signposted and identified for bus parking and set down
for bus passengers which is away from the traffic stream, to ensure it
is safe and minimises potential for queuing in the road reserve.

POST EVENT

Debriefing Report

Within 42 days after each
event, the organising committee shall submit to Council a debriefing
report with particular references to the following:-

attendance numbers for each day via
detailed ticket sales and figures to show compliance with maximum
attendee numbers of 1,500.

Contained within the debrief report shall be an acoustic assessment of
noise levels from key residential vantage points mentioned in the
acoustic report dated January 2014. This shall also include the measures
employed to mitigate adverse noise issues on surrounding properties.

Waste Removal

The applicant shall
ensure that all waste generated by the event is removed from the site
within 48 hours of cessation of an event by a recognised Waste Removal
Contractor.

All stall holders selling food are required to
notify their food business details with the
NSW Department of Health. Further information can be obtained from
either visiting
the NSW Health Notification website www.foodnotify.nsw.gov.au
or by telephoning the Food Notification Help line on 1300 650 124.

Council's Development Compliance Staff and
Rangers will be patrolling the event to ensure adequate compliance.